My car was damaged while I was parked in the employee parking lot

UPDATED: Sep 30, 2022

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My car was damaged while I was parked in the employee parking lot

It was an individual that was out of
program, he was witnessed jumping on
the roof and the hood of my car. He
apologized to me and even said he
thought it was the agency vehicle. My
job is saying they don’t need to pay my
insurance company has to pay. I don’t
think that’s right.

Asked on May 14, 2016 under Accident Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unfortunately, your employer is right: they are not liable for the criminal or wrongful actions of this individual, even if was "out of program" and even if he attacked your car, thinking it was an agency vehicle, because your employer is not at fault--they did not cause this damage--and liability for auto accidents depends on fault. Also, an employer does not "insure" the cars of its employees, even when they are in the employee parking lot: that is, the employer does not automatically compensate the employee for any damages or losses. Again, the employer is only liable when it is at fault.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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